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Home My WebLink About000198.tiff CAPP 2002 Excess Property Policy 198 INTRODUCTION lheStPBuI This policy protects against a variety of losses. "—There are also some restrictions. We've Policy Number: GP06301110 written this policy in plain, easy-to-understand English. We encourage you to read it carefully ST. PAUL to determine what is and what is not covered, MAIL CODE 104F as well as the rights and duties of those 385 WASHINGTON STREET protected. ST. PAUL MN 55102-1118 In return for your premium, we'll provide the Your policy is composed of General Rules, an protection stated in this policy. explanation of What To Do If You Have A Loss, one or more Coverage Summaries, and one or We, us, our and ours mean St. Paul Fire and Marine more Insuring Agreements explaining your Insurance Company. We're a capital stock coverage. It may also include one or more company located in St. Paul, Minnesota. endorsements. Endorsements are documents that change your policy. The Policy Forms List The words you, your and yours mean the shows all the forms included when this policy insured named here, which is a/an begins. COUNTY POOL COLORADO CO. CASUALTY & PROPERTY POOL One of our authorized representatives will also 1700 BROADWAY SUITE 1512 countersign the policy. DENVER CO 80290 This policy will begin on 01/01/02 and will continue until 01/01/03 Your former policy number: GP09100425 is automatically replaced Your premium for the policy period shown is: $435,274.00 However, please refer to the Premiums section of the General Rules to see how final premiums are determined. Our authorized representative is: 0549614 MARSH USA INC / 1225 17TH ST PLAZA STE 2100 /IOPresident. DENVER CO 80202-5534 Authorized Representative Date /(X/ Secretary Processing Date 03/05/02 17:10 002 40800 Ed.5-87 Printed in U.S.A. Introduction ©St.Paul Fire and Marine Insurance Co.1984 All Rights Reserved Page 1 POLICY FORM LIST meSl'Pdul Here's a list of all forms included in your policy, on the date shown below. These forms are listed in the same order as they appear in your policy. Form Ed. Title Nbr Date Introduction- St. Paul Fire And Marine Insurance Company 40800 05-87 Policy Form List 40705 05-84 Named Insured Endorsement 40502 01-80 Coverage Summary 40502 01-80 Insuring Agreement 40502 01-80 Year 2000 or Other Computer-Related Or Electronic 40502 01-80 Date Or Year Problems Excl. Endt. Earlier Notice of Cancellation by Us Endorsement 40502 01-80 Transit Extension Insuring Clause 40502 01-80 Extra Expense - 40/80/100% of Limit 40502 01-80 Pollution Exclusion Endorsement 40502 01-80 Extension of Coverage Endorsement Pollution Cleanup and Removal 40502 01-80 Property Protection Change of Limits Endorsement -Pollution Cleanup 40502 01-80 Other Terms and Conditions 40502 01-80 Crime Protection Self-Insured Retention Endorsement 40502 01-80 Government Crime Protection—Discovery Form C0022 03-00 Government Crime Protection Coverage Summary C0025 03-00 NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 Form 40705 05-84 1hestpauI NAMED INSURED ENDORSEMENT 24.Kiowa It is agreed that the Participating Member 25.Kit Carson Counties named hereunder are included 26.Lake as Named Insureds: 27.La Plata 28.Las Animas 1. Alamosa 29.Lincoln 2. Archuleta 30.Logan 3. Baca 31.Mineral 4. Bent 32.Montrose 5. Chaffee 33.Morgan 6. Cheyenne 34.Otero 7. Clear Creek 35.Ouray --- 8. Conejos 36.Park 9. Costilla 37.Phillips 10.Crowley 38.Prowers 11.Custer 39.Pueblo 12.Delta 40.Rio Blanco 13.Dolores 41.Rio Grande 14.Eagle 42.Routt 15.Elbert 43.Saguache 16.Fremont 44. San Juan 17.Garfield 45. Sedgwick 18.Gilpin 46. Summit 19.Grand 47.Teller 20.Gunnison 48.Washington 21.Hinsdale 49.Weld 22.Huerfano 50.Yuma 23.Jackson Other Terms All other terms of the policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 40502 Ed. 1-80 Customized Form © St. Paul Fire and Marine Insurance Co. 1980 n1eSy'Paul COVERAGE SUMMARY Named Insured: Colorado Counties Casualty & Property Pool 1. This policy covers Blanket Real, Personal Property, Contractors Equipment, Fine Arts, Glass, Valuable Papers, Data Processing Equipment and Media, Extra Expense, Builders Risks and Installations, Transit, and Vehicle Damage. 2. Limit of Liability The insurer(s) shall not be liable hereunder in any one loss, casualty or disaster for more than $50,000,000. per occurrence. For sublimits refer to page 1 of 8, paragraph III. 3. Each claim for loss or damage shall be adjusted separately and the Insurer's liability shall be limited to that amount excess of$150,000. DATE: r AGENT NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 INSURING AGREEMENT I. NAME OF INSURED It is agreed that the unqualified word "Insured"wherever used in this insurance includes not only the Named Insured but also- any official, trustee or employee of the Named Insured while acting within the scope of his duties as such, and any person, organization, trustee or estate to whom the Named Insured is obligated by virtue of written contract or agreement to provide insurance such as is offered by this Insurance, but only in respect to operations by or on behalf of the Named Insured; II. TERRITORY This policy covers anywhere in the Continental United States of America and Canada. III. ULTIMATE NET LOSS In calculating the amount of Ultimate Net Loss, this insurance is deemed to have the following maximum sublimits: A. $ 1,000,000. in the aggregate annually as respects any Flood loss in Zone A. B. $10,000,000. in the aggregate annually as respects any Flood loss in Zone B, D and X500. C $50,000,000. in the aggregate annually as respects any Flood loss in Zone C. D. $50,000,000. in the aggregate annually as respects any Earthquake loss. E. $ 1,000,000. newly acquired property, per location, values in excess of $1,000,000. are to be reported to this Company in sixty(60) days. F. $ 5,000,000. builders risks, renovations, repairs made by the Insured at any location (including new locations)within the territorial limits of the policy, any one occurrence. G. $ 500,000. at any unscheduled location, any one occurrence. H. $ 50,000. personal property of others. IV. SERVICE ORGANIZATION This Insurance is issued to the Insured on the express condition that the Insured undertakes to utilize at all times the services of County Technical Services, Inc. Claims Management Department. This Service Organization shall perform the following duties: A. Discharge the Insured's obligation under the terms of this Agreement by administering a complete claims handling program. B. Maintain accurate records of all reported claims and details incident to loss and expense payments. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF9 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 C. Furnish monthly claims records on an approved form. The acceptance of these services shall be a condition precedent to any liability which may attach to the Underwriters in accordance with the terms and conditions of this Insurance. SECTION I -PROPERTY INSURANCE SECTION I - INSURING AGREEMENTS AGREEMENT A- BUILDING AND CONTENTS: Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to indemnify the Insured for risks of physical loss or damage to All Real or Personal Property of every kind and description,wherever located, occurring during the period of this Insurance. AGREEMENT B -AUTOMOBILE: Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to indemnify the Insured for loss or damage to Automobiles owned by the Insured or on which the Insured has an obligation to provide adequate insurance, wherever located, against Risks of Direct Physical Loss, including Collision of the Automobile with another object. SECTION I -DEFINITIONS 1. PROPERTY OF THE INSURED: The term "Insured's Property" shall mean All Real and Personal Property, including leasehold improvements or betterments which the Insured owns, property which the Insured holds on consignments or agrees to insure by any contractual agreement normal to its operations. 2. AUTOMOBILE: The term "Automobile" shall mean any motor vehicle, trailer or semi- ,— trailer, including its equipment and any other equipment permanently attached thereto. The word "Trailer"shall include semi-trailer. 3. ULTIMATE NET LOSS: The words "Ultimate Net Loss" in respect of this section shall be understood to mean the loss sustained by the Insured after making deductions for all recoveries and salvages. 4. EARTHQUAKE: If more than one earthquake shock shall occur within any period of seventy-two (72) hours during the term of this Insurance, such earthquake shock shall be deemed to be a single earthquake within the meaning thereof. 5. VALUABLE PAPERS: The term Valuable Papers shall mean: Written, printed or otherwise inscribed documents and records, including books, maps, films, drawings, abstracts, deeds, mortgages and manuscripts, but does not mean money and securities, but includes additional costs to research or restore damaged documents, drawings or records. 6. ACCOUNTS RECEIVABLE: The term "Accounts Receivable" shall mean: a) All sums due the Insured from customers provided the Insured is unable to effect collection thereof as the result of covered loss or damage to records of accounts receivable; b) Interest charges on any loan to offset impaired collections pending repayment of such sums made uncollectible by such loss or damage: NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 c) Collection expense in excess of normal collection caused and made necessary because of such loss or damage; d) Other expenses when reasonably incurred by the Insured in re-establishing records of accounts receivable following such loss and/or damage. The following special exclusions apply to Accounts Receivable Coverage; this policy does not insure against: 1) Loss due to bookkeeping, accounting or billing errors or omissions; 2) Loss, the proof of which as to factual existence, is dependent upon an audit of records or an inventory computation, but this shall not preclude the use of such procedures in support of claim for loss which the Insured can prove, through evidence wholly apart therefrom, is due solely to a risk of loss to records of accounts receivable not otherwise excluded hereunder; 3. Loss due to alteration, falsification, manipulation, concealment, destruction or disposal of records of accounts receivable committed to conceal the wrongful giving, taking, obtaining or withholding of money, securities or other property but only to the extent of such wrongful giving, taking, obtaining or withholding. -- 7. OCCURRENCE: "Occurrence" means all covered loss, damage, or a sequence of losses or damage, casualties or disasters, arising from a single event or catastrophe. So far as loss involving in whole or in part, the perils of wind, (including hurricanes, tornadoes, cyclone), snow, rain, or hail is concerned a single event shall mean one single atmospheric disturbance during a continuous period of seventy-two (72) hours (not limited by the date on which coverage under this policy ceases). SECTION 1 -EXCLUSIONS WITH REGARD TO ALL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST: 1. Loss by moth, vermin, termites or other insects; wear, tear or gradual deterioration; rust, wet or dry rot, or mold. 2. Loss or damage caused by: a) Radioactive or fissionable material. b) Contamination, other than by(a)above, unless directly resulting from Fire or Extended Coverage perils. 3. Loss resulting from loss of use, delay or loss of markets. 4. Breakdown of machinery and/or boiler explosion but not excluding loss resulting therefrom. This exclusion shall not apply as respects to EDP equipment and media. • NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE3OF9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 5. Loss resulting from dampness of atmosphere or variation in temperature unless caused by the perils of Fire and Extended Coverage. This exclusion shall not be deemed to exclude loss resulting from freezing. 6. Loss of electrical appliances or devices of any kind, including wiring, arising from electrical injury or disturbance to the said electrical appliances or devices or wiring from artificial causes unless fire or explosion ensues, and then only for direct loss or damage caused by fire or explosion. WITH REGARD TO ALL REAL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST: Loss by normal settling, normal shrinkage or normal expansion in foundations, walls, floors or ceilings. WITH REGARD TO PERSONAL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST: 1. Loss by mechanical derangement, inherent vice or latent defect. 2. Loss resulting from processing or faulty workmanship, unless fire and/or explosion ensues, and then only for direct loss or damage caused by such ensuing fire or explosion. 3. Loss resulting from shrinkage, evaporation, loss of weight or leakage, unless such loss is caused directly by fire or the combating thereof, lightning, windstorm, hail explosion, strike, riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious mischief, theft or attempted theft. 4. Inventory shortage, mysterious disappearances or loss resulting from any kind of infidelity or dishonesty on the part of the Insured or any of his employees. PROPERTY EXCLUDED FROM COVERAGE HEREUNDER: Animals, aircraft, standing timber, growing crops, currency, money, notes, securities, bridges, culverts, roadways, streets, walks, or paved surfaces, dams, docks, piers and wharves. SECTION I -CONDITIONS 1. VALUATION: The Underwriters shall not be liable for loss or damage in excess of: A. (Real and Personal Property- other than automobile)-the cost to repair, rebuild or replace the destroyed or damaged property in a condition equal to but not superior to or more extensive than its condition when new. If the Insured decides to replace destroyed or damaged property on another site, cost of such site is not included hereunder. It is a requirement that if the Insured does not repair, replace or rebuild the property within two years from the date of loss, this property shall be valued at ACV. B. (Automobile) -the actual cash value of the automobile at the time of loss. NAME OF INSURED: Colorado Co. Casualty E. Property Pool PAGE 4 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 2. DEBRIS REMOVAL: This Insurance covers the expense of removal from the premises containing the property insured hereunder of debris remaining after any loss hereby insured against, except that there shall be no liability assumed for the expense of removal of any foundations. 3. REMOVAL CLAUSE: This Insurance covers the expense and damage occasioned by • removal from the premises endangered by the perils insured against wherever such property is located or removed for preservation. 4. ARCHITECTS FEES: This Insurance covers the additional assessment involving architects'fees for consultations arising from losses resulting from an insured peril. Fees are limited to seven (7%)percent of replacement cost. 5. APPRAISAL: In the event the Insured and Underwriters are unable to agree as to the amount necessary to rebuild, repair or replace the damaged or destroyed property or the actual amount of reimbursement to be paid, each party shall name a competent and disinterested umpire. The appraisers together shall obtain reconstruction estimates, and calculated the amounts of reimbursement due, and failing to agree, shall submit their differences to the umpire. The award, in writing, duly verified by any two shall determine the point in question. Both parties shall pay the cost of their own appraisers and equally pro rate the cost of the umpire. 6. CIVIL AUTHORITY CLAUSE: Notwithstanding anything contained in this Insurance, property which is insured under this Insurance is also covered against the risk of damage or destruction by civil authority during a conflagration and for the purpose of retarding the same; provided that neither such conflagration nor such damage or destruction is caused or contributed to by war, invasion, revolution, rebellion, insurrection or other hostilities or warlike operations. 7. ORDINANCE DEFICIENCY CLAUSE: Notwithstanding anything contained herein to the contrary, the Underwriters shall be liable also for the loss occasioned by the enforcement of any state or municipal law, ordinance or code, which necessitates, in repairing or rebuilding, replacement of material to meet such requirements. If demolition is required to comply with such enforcement, Underwriters shall also be liable for such additional costs. 8. EXPENSE TO REDUCE OR PREVENT LOSS: This Insurance also covers such expenses as are necessarily incurred for the purpose of reducing or preventing any loss under this Insurance not exceeding, however, the amount by which the loss under this Insurance is thereby reduced. NAME OFINSURED: Colorado Co. Casualty & Property Pool PAGE5OF9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 SECTION II -GENERAL CONDITIONS 1. PREMIUM PROVISION: See Declarations Page. 2. SALVAGE AND RECOVERY CLAUSE: All salvages, recoveries and payments recovered or received subsequent to a loss settlement under this Insurance shall be applied as if recovered or received prior to the said settlement and all necessary adjustments shall be made by the parties hereto. 3. INSPECTIONS, AUDIT AND VERIFICATION OF VALUES: The Underwriters or their duly authorized representatives shall be permitted at all reasonable times during continuance of this Insurance to inspect the premises used by the Insured and to examine the Insured's books or records so far as they relate to coverage afforded by this Insurance. 4. RECORDS: It is hereby understood and agreed that the records and books as kept by the Insured shall be acceptable to Underwriters in determining the amount of loss or damage covered hereunder. 5. DUE DILIGENCE CLAUSE: The Insured shall use due diligence and do and concur in doing all things reasonably practicable to avoid or diminish any loss of or damage to the property herein insured. 6. CANCELLATION: This Policy may be canceled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be canceled by the Company by mailing to the Insured at the address shown in this Policy or last known address written notice stating when no fewer than ninety days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice, and the effective date of cancellation-stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If this Insurance shall be cancelled by the Insured, the Underwriters shall retain the customary short rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the customary short rate proportion of any minimum premium stipulated herein whichever is the greater. If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain the pro rata proportion of the premium hereon; except that if this Insurance is on an adjustable basis, the Underwriters shall receive the earned premium hereon or the pro rata proportion of any minimum premium stipulated herein whichever is the greater. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 6 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation by such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Subject otherwise to all terms, clauses and conditions as heretofore. 7. CURRENCY: The premium and losses under this Insurance are payable in United States currency. Payment of premium shall be made to Marsh Inc. 8. BANKRUPTCY AND INSOLVENCY: In the event of the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Underwriters shall not be relieved of the payment of any claims hereunder because of such bankruptcy or insolvency. 9. OTHER INSURANCE: — . If the Insured has other Insurance against loss covered by this Insurance the Underwriters shall be liable, under the terms of this Insurance, only as excess of coverage provided by such other Insurance and no monies payable or collectable from such other insurance shall accrue in the aggregate loss fund of this Insurance. 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 Insured shall immediately notify Underwriters through County Technical Services, Inc. Claims Management Department by registered mail, of any occurrence, the cost of which is likely to result in payment by Underwriters under this Insurance. Underwriters shall have the opportunity to be associated with the Insured in defense of any claims, suits, or proceedings relative to an occurrence wherein the opinion of the Underwriters, their liability under this Insurance is likely to be involved, in which case the Insured and Underwriters shall cooperate to the mutual advantage of both. 12. LOSS PAYMENTS: When it has been determined that Underwriters are liable under this Insurance, Underwriters shall thereafter promptly reimburse the Insured for all payment made in excess of the amounts stated in the Limits Agreement. All adjusted claims shall be paid or made good to the Insured within thirty days after their presentation to County Technical Services, Inc. Claims Management Department and acceptance by Underwriters of satisfactory proof of interest and loss. 13. APPEAL: NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 7 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 In the event the Insured and Underwriters are unable to agree to the advisability of appealing a judgment, a disinterested attorney, mutually agreeable to the Underwriters and the Insured, shall be retained and directed to render a written opinion as to his recommendation concerning such appeal. Such written recommendation shall be binding on both the Insured and Underwriters. Fees of such retained attorney shall be borne equally by both parties for the services of rendering his recommendation only. The Insured's portion of such fee shall not accrue in the aggregate loss fund. 14. LITIGATION PROCEEDINGS: No suit to recover on account of loss under this Insurance shall be brought until ninety days after the proof of loss shall have been furnished, nor at all unless commenced within twenty-seven months from the date upon which loss occurred, if such loss is within the knowledge of the Insured; if not, the twenty-seven months shall begin upon notice to the Insured to such loss or claim. 15. SUBROGATION: The Underwriters shall be subrogated to all rights which the Insured may have against any person or other entity in respect to any claim or payment made under this Insurance, and the Insured shall execute all papers required by the Underwriters and shall cooperate with the Underwriters to secure Underwriter's rights. In case any reimbursement obtained or recovery made by the Insured or the Underwriters on account of any loss covered by this Insurance, the net amount of such reimbursement or recovery, after deducting the actual cost of obtaining or making the same, shall be first applied in the following order: a) Amount of loss which exceeds the applicable limit of liability. b) To reduce the Underwriters' loss until the Underwriters are fully reimbursed. c) To reduce the Insured's loss because of the application of the aggregate loss fund. 16. WAIVER OF SUBROGATION: This Insurance shall not be invalidated if the Insured by written agreement has waived or shall waive its right of recovery from any party for loss or damage covered hereunder; provided, that any such waiver is made prior to the occurrence of said loss or damage. 17. CONFLICTING STATUTES: In the event that any provision of this Insurance is unenforceable by the Insured under the laws of any state or other jurisdiction wherein it is claimed that the Insured is liable for any injury covered hereby because of non-compliance with any statute thereof, then this policy shall be enforceable for the Insured with the same effect as if it complied with such statutes. 18. ASSIGNMENT: • Assignment of interest under this Insurance shall not bind the Underwriters until the Underwriters' consent is endorsed hereon. 19. CHANGES: By acceptance of this Insurance, the Insured agrees that it embodies all agreements NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 8 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 existing between the Insured and Underwriters or any of its agents relating to this Insurance. None of the provisions, conditions or other terms of this Insurance shall be waived or altered except by endorsement; nor shall notice to any agent or knowledge possessed by any agent or by any other person be held to effect a waiver or change in any part of this Insurance. 20. WAR CLAUSE: Coverage does not apply under this Insurance for loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities (whether declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the time of and for the purpose of preventing spread of fire, or claims or liability arising directly or indirectly from nuclear fission, nuclear fusion or radioactive contamination. 21. FRAUDULENT CLAIMS: If the Insured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Insurance shall become void and all claim hereunder shall be forfeited. HEREON: 100% OF LIMITS AND PREMIUM DATED: ST. PAUL FIRE & MARINE INSURANCE CO. BY Authorized Representative NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 9 OF 9 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 S YEAR 2000 OR OTHER COMPUTER-RELATED OR ELECTRONIC DATE OR YEAR PROBLEMS EXCLUSION ENDORSEMENT This endorsement changes your Insuring Agreement. How Coverage Is Changed The following is added to Section 1- Exclusions. If direct physical loss or damage from any of the following results, the Company will pay WITH REGARD TO ALL PROPERTY, THIS for that resulting loss or damage: INSURANCE DOES NOT INSURE AGAINST: (a) fire; (b) explosion; Loss or damage caused directly or indirectly (c) smoke; by the following. Such loss or damage is (d) aircraft or vehicles; excluded regardless of any other cause or (e) riot or civil commotion; vandalism; event that contributes concurrently or in any (f) leakage from fire extinguishing sequence to the loss. equipment; (1) The failure, malfunction, or inadequacy (g) Sinkhole Collapse; of any Computer Component, (h) falling objects; Equipment, Program or System due to (i) weight of snow, ice, or sleet; the inability to correctly recognize, (j) Water Damage; process, distinguish, interpret or accept (k) freezing; one or more dates or times; or (I) theft; (2) The failure, malfunction, or inadequacy (m) burglary damage; or of any other products, or any services, (n) elevator collision. data or functions that directly or indirectly use or rely on such Computer SINKHOLE COLLAPSE means the sudden Component, Equipment, Program or sinking or collapse of land into underground System due to the inability to correctly empty spaces created by the action of water recognize, process, distinguish, interpret on limestone or dolomite. This peril does not or accept one or more dates or times; or include: (3) Any advice, consultation, design, (a) the cost of filling sinkholes; or evaluation, inspection, installation, (b) sinking or collapse of land into man-made maintenance, repair, replacement or underground cavities. supervision done or provided by or for you to determine, rectify, or test for the Falling objects does not include loss or inability to correctly recognize, process, damage to: distinguish, interpret or accept one or (a) personal property in the open; or more dates or times. (b) the interior of a building or structure, or property inside a building or structure, For example, the inability of computer unless the roof or an outside wall of the software to recognize the year 2000 and building or structure is first damaged by beyond. a falling object. Also, the Company will not pay for repair, WATER DAMAGE means accidental discharge replacement or modification of any Computer or leakage of water or steam as the direct Component, Equipment, Program or System result of the breaking apart or cracking of any to correct any of its deficiencies or change part of a system or appliance (other than a any of its features. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 2 POLICY NO: OP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 S sump system including its related equipment (d) computer operating system and related and parts) containing water or steam. software; (e) microprocessor or computer chip that COMPUTER COMPONENT, EQUIPMENT, isn't part of a computer system, PROGRAM, OR SYSTEM MEANS any: including any (a) computer application software; (f) other computerized or electronic (b) computer hardware, including any component or equipment. microprocessor or computer chip that is part of a computer system; Other Terms (c) computer network; All other terms of the policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 2 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 The$tPdtd EARLIER NOTICE OF CANCELLATION BY US ENDORSEMENT This endorsement changes: -your General Rules; or -any state required endorsement that changes the Cancellation rule in your General Rules. How Coverage Is Changed The following is added to the Cancellation rule. This change increases the number of days required by the Cancellation rule before coverage will end under this policy if we cancel the policy for any reason, other than nonpayment of premium. This change also indicates who we will notify if we cancel the policy in addition to notifying the first named insured. If we cancel this policy for any reason, other than nonpayment of premium, we'll mail or deliver a cancellation notice to the first named insured, and to the following, at least 90 days before coverage will end. Commissioner of Insurance State of Colorado Division of Insurance 1560 Broadway, Suite 850 Denver, Colorado 80202 Other Terms All other terms of your policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 meStPaUI TRANSIT EXTENSION INSURING CLAUSE In consideration of the premium paid and subject to the terms, limits and conditions of the policy to which this Extension is attached and to the following conditions and exclusions, this insurance is hereby extended to cover: Personal property of the Insured or property held by the Insured in trust or on commission or on consignment for which the Insured may be held legally liable while in due course of transit within the limits of the Continental United States of America (excluding Hawaii) and Canada, against All Risks of Direct Physical Loss or Damage to the property insured occurring during the period of this policy(including general average and salvage charges on shipments covered while waterborne). PERILS EXCLUDED This extension does not insure against: 1. Loss or damage to personal property resulting from: shrinkage, evaporation, loss of weight, leakage of glass or other fragile articles, marring, scratching, exposure to light, or change in color, texture or flavor, unless such loss is caused directly by fire or the combating thereof, lightning,windstorm, hail, explosion, strike, riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious mischief, theft or attempted theft. 2. Loss of use, delay or loss of markets. 3. Loss or damage caused by or resulting from moth, vermin, termites, or other insects, inherent vice, latent defect, wear, tear or gradual deterioration; contamination; rust, wet or dry rot, mold, dampness of atmosphere, smog or extremes of temperature. 4. Loss or damage caused by or resulting from misappropriation, conversion, infidelity or any dishonest act on the part of the Insured or other party of interest, his or their employees or agents to others to whom the property may be delivered or entrusted (carriers for hire excepted). 5. Loss or damage to the property insured occasioned by war, invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection, military or usurped power or martial law or confiscation by order of any government or public authority. 6. Loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination however such nuclear reaction, nuclear radiation or radioactive contamination may have been caused. Nevertheless, if a fire arises directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination, any loss or damage arising directly from that fire shall (subject to the provisions of this Policy) be covered excluding, however, all loss or damage caused by nuclear reaction, nuclear radiation or radioactive contamination arising directly or indirectly from that fire. 7. Loss or damage caused by breakdown or derangement of refrigerating units. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF2 OF 2 POLICY NO: GLP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 DEDUCTIBLE(S) Each loss or series of losses arising out of one event shall be adjusted separately and from the amount of each such adjusted loss the sum(s) stated shall be deducted. PROPERTY EXCLUDED This Extension does not cover: 1. a. Aircraft, watercraft, vehicles designed for highway use, animals,jewelry, precious stones and furs or garments trimmed with fur. b. Currency, money, notes, securities, deeds, and evidences of debt 2. Property in due course of ocean marine transit. 3. Shipments by mail after delivery into the custody of the Post Office Department. 4. Samples while in the care, custody or control of salesmen. CONDITIONS 1. The Insured may accept without prejudice to this insurance the ordinary bills of lading or receipts issued by carriers including those containing released and/or partially released value provisions, but the Insured shall not enter into any special agreement with carriers releasing them from their common law or statutory liability. 2. Property insured hereunder shall be valued as follows: A. Sold property at the actual net invoice price of the Insured. B. Unsold property at the actual cash value of the property at the time any loss or damage occurs with property deduction for depreciation and in no event to exceed what it would cost to repair or replace the property with material of like kind and quality. Subject otherwise to all terms, clauses and conditions as heretofore. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 2 POLICY NO: GLP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 The bul EXTRA EXPENSE 40/80/100% OF LIMIT It is agreed that if the property insured by Insuring Agreement A of Section I is damaged or destroyed by perils insured against in said Insuring Agreement A during the period of this Insurance so as to necessitate the incurrence of Extra Expense (as defined below) the Underwriters shall be liable for the Extra Expense so incurred, not exceeding the actual loss sustained, for not exceeding such length of time, hereinafter referred to as the"period of restoration". It is further agreed that this extension of coverage shall not operate to increase the Underwriters limits of liability hereunder. Underwriters shall be liable for no greater percentage of the amount of this Policy than is stated below for the determined period of restoration. 40% if period of restoration is not in excess of one month; 80% if period of restoration exceeds one month but does not exceed two months; 100% if period of restoration exceeds two months. DEFINITIONS a. Extra Expense: The term "Extra Expense" means the excess (if any) of the total cost incurred during the period of restoration chargeable to the operation of the Insured's business, over and above the total cost that would normally have been incurred to conduct the business during the same period had no damage or destruction occurred. b. Normal: The term "Normal"wherever used herein shall mean; the condition that would have existed had no loss occurred. c. Month: The word "month"wherever used herein means 30 consecutive days. d. Period of Restoration: The term "period of restoration" means such length of time commencing with the date of damage and not limited by the date of expiration of this policy, as would be required with the exercise of due diligence and dispatch to repair, rebuild or replace such part of the Insured's property as has been damaged or destroyed. CONDITIONS a. Resumption of Operations: It is a condition of this Insurance that as soon as practicable, the Insured shall resume normal operations of the business and shall dispense with such extra expense. b. Interruption by Civil Authority: Liability hereunder is extended to include actual loss as covered hereunder, sustained during the period of time, not exceeding two weeks, when as a direct result of a peril insured against, access to the premises in which the property described is located is prohibited by order of civil authority. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF2 OF 2 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 EXCLUSIONS In addition to the General Exclusions of this Insurance, Underwriters shall not be liable for Extra Expense resulting from: a. The suspension, lapse or cancellation of any lease, license, contract or order beyond the period of restoration; b. Interference at premises by strikers or other persons with rebuilding, repairing or replacing the property damaged or destroyed or with the resumption or continuation of business; c. Enforcement of any local or state ordinance or law regulating construction, repair or demolition of buildings or structures; Further, Underwriters shall not be liable for: a. more than the amount set forth in the limits of liability for each premises; b. loss of income; c. the cost of repairing or replacing any of the real or personal property covered hereunder, or the cost of research or other expense necessary to replace or restore damage or destroyed books of account, abstracts, drawings, card index systems or other records (including film, tape, disc, drum, cell or other magnetic recording or storage media for electronic data processing), that have been damaged or destroyed by the perils insured against, except cost in excess of the normal cost of such repair, replacement or restoration necessarily incurred for the purpose of reducing loss under this policy. In no event shall such excess cost exceed the amount by which the total extra expense loss otherwise payable under this policy is thereby reduced; d. loss resulting from theft of any property which at the time of loss is not an integral part of a building or structure (except direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion), unless loss by a peril not excluded in this policy ensues from theft or attempted theft, and then the Underwriters shall be liable for only such ensuing loss; e. any other consequential or remote loss. Subject otherwise to all terms, clauses and conditions as heretofore. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 2 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 TheStPall POLLUTION EXCLUSION ENDORSEMENT In consideration of the premium charged, it is understood that the following exclusion is added to Section I, Exclusions: Pollution caused directly or indirectly by the release, discharge, dispersal, seepage, migration, or escape of pollutants or contaminants unless the release, discharge, dispersal, seepage, migration, or escape is caused by fire, lightning, explosion, windstorm, hail, leakage from fire protection equipment, smoke, vehicles and aircraft, riot, civil commotion, vandalism, sinkhole collapse, volcanic action, falling objects, weight of snow, ice or sleet, or water damage. However, this policy does not cover the costs arising out of the enforcement of any law, ordinance, regulation or order by civil or judicial authority requiring the removal, disposal, replacement, cleanup, restoration or containment of insured property or for costs to monitor or test for the existence or effects of pollutants. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss. All other terms and conditions remain unchanged. Subject otherwise to all terms, clauses and conditions as heretofore. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 The$t'Pat!! EXTENSION OF COVERAGE ENDORSEMENT Pollution Cleanup and Removal In consideration of the premium charge, the following extension of coverage is added. Notwithstanding any conditions or terms contained elsewhere in this policy, coverage is extended for a limit of$25,000 any one occurrence to cover the cost to clean up and remove pollutants that are: 1. in the land or water at an insured location provided the discharge, seepage, migration, release, escape or dispersal is due to fire, lightning, explosion,windstorm, hail, leakage from fire protection equipment, smoke, vehicles and aircraft, riot, civil commotion, vandalism, sinkhole collapse, volcanic action, falling objects, weight of snow, ice or sleet, or water damage. For example: a fire at an insured location causes chemicals to run onto the ground and into a nearby river. This policy will pay to clean up the pollution that is in the land and water at the insured premises up to the limit of liability of this extension. This policy will not pay to clean up land or water away from an insured premises; 2. in the land or water away from an insured premises but only when pollution or contamination is caused by the collision, upset or overturn of a transporting vehicle which is owned, operated, rented, leased or borrowed by the Insured. Coverage is provided under this extension only if the following conditions are met: a. the cause of loss occurs during the policy period; b. the pollution must occur at an insured location except as provided for in clause 2. above. c. the clean-up and removal costs must be incurred and reported to the company within one hundred eighty(180)days of either the date of direct physical loss or damage or the end of the policy period, whichever is earlier. Liability for loss under this extension shall not exceed $25,000 in any one occurrence or $25,000 in the aggregate for all such losses in any one policy year. All other terms and conditions remain unchanged. Subject otherwise to all terms, clauses and conditions as heretofore. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE I OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 thestpaui PROPERTY PROTECTION CHANGE OF LIMITS ENDORSEMENT - POLLUTION CLEANUP AND REMOVAL This endorsement changes your Extension of Coverage Endorsement - Pollution Cleanup and Removal How Coverage Is Changed The following is added to the Pollution Cleanup and Removal Endorsement. This change broadens coverage. Liability for loss under this extension shall not exceed $25,000 in any one occurrence or $25,000 in the aggregate for all such losses in any one policy year. However, these limits will apply separately to each county member listed in the Named Insured Endorsement. Other Terms All other terms of your policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 meStMU! OTHER TERMS AND CONDITIONS Unless physically deleted by the Company, the following clauses shall be paramount and shall supersede and nullify any contrary provision of the Policy. This Policy does not insure against loss or damage caused by or resulting from: (1) Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual impending or expected attack, (a) by any government or sovereign power(de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or forces; (2) Any weapon of war, employing atomic fission or radioactive force whether in time of peace or war; (3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by govern- mental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. It is agreed that if this Policy insures against the peril of Fire, Clause A below shall apply, but if this Policy does not insure against the peril of Fire, Clause B below shall apply, as follows: A. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy; however, subject to the foregoing and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this Policy. B. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the peril(s) insured against in this Policy. THIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS, together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto; and no officer, agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Insured unless so written or attached. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1OF4 OF 4 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 CONDITIONS MISREPRESENTATION OR FRAUD. This Policy shall be void if the Insured has concealed or misrepresented any material fact or circumstances concerning this insurance or the subject thereof or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or subject thereof, before or after a loss. NOTICE OF LOSS. The Insured shall as soon as practicable report to this Company or its agent every loss or damage which may become a claim under this Policy and shall also file with the Company or its agent within ninety(90)days from date of loss a detailed sworn proof of loss. Failure by the Insured to report the said loss or damage and to file such proof of loss as hereinbefore provided shall invalidate any claim under this Policy for such loss. EXAMINATION UNDER OATH. The Insured shall submit, and so far as in within his/her or their power shall cause all other persons interested in the property and members of the household and employees to submit, to examinations under oath by any persons named by the Company, relative to any and all matters in connection with a claim and subscribe the same: and shall produce for examination all books of account, bills, invoices, and other vouchers or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representatives, and shall permit extracts and copies thereof to be made. SETTLEMENT OF LOSS. All adjusted claims shall be paid or made good to the Insured within sixty(60) days after presentation and acceptance of satisfactory proof of interest and loss at the office of this Company. No loss shall be paid hereunder if the Insured has collected the same from others. NO BENEFIT TO BAILEE. This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee. SUBROGATION. In the event of any payment under this Policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. PAIR, SET OR PARTS. It is understood and agreed that, in the event of loss of or damage to any article or articles which are a part of a set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the set, giving consideration to the importance of said article or articles; but in no event shall such loss or damage be construed to mean total loss of set. In case of loss or injury to any part of the insured property consisting, when complete for sale or use, of several parts, this Company shall only be liable for the insured value of the part lost or damaged. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 20F4 OF 4 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 SUE AND LABOR. In case of loss or damage, it shall be lawful and necessary for the Insured, his/her or their factors, servants and assigns, to sue, labor, and travel for, in and about the defense, safeguard and recovery of the property insured hereunder, or any part thereof without prejudice to this insurance; nor shall the acts of the Insured or this Company, in recovering, saving and preserving the property insured in case of loss or damage, be considered a waiver or an acceptance of abandonment; to the charge whereof this Company will contribute according to the rate and quantity of the sum herein insured. SUIT. No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim. Provided, however, that if by the laws of the State within which this Policy is issued such limitation is invalid, then any such claims shall be void unless such action, suit or proceeding be commenced within the shortest limit of time permitted by the laws of such State to be fixed herein. APPRAISAL. If the Insured and the Company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the Insured or the Company, such umpire shall be selected by a judge of a court of record in the state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The Insured and the Company shall each pay his/her or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Company shall not be held to have waived any of its rights by any act relating to appraisal. CANCELLATION. This Policy may be canceled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective. This Policy may be canceled by the Company by mailing to the Insured at the address shown in this Policy or last known address written notice stating when no fewer than ninety days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Insured or by the Company shall be equivalent to mailing. If this Insurance shall be cancelled by the Insured, the Underwriters shall retain the customary short rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the customary short rate proportion of any minimum premium stipulated herein whichever is the greater. If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain the pro rata proportion of the premium hereon; except that if this Insurance is on an adjustable basis, the Underwriters shall receive the earned premium hereon or the pro rata proportion of any minimum premium stipulated herein whichever is the greater. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 3OF4 OF 4 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation by such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Subject otherwise to all terms, clauses and conditions as heretofore. Provisions Required by Law to be Stated in this Policy:- "This Policy is issued under and in pursuance of the laws of the State of Minnesota, relating to Guaranty Surplus and Special Reserve Funds." Chapter 437, General Laws of 1909. In Witness Whereof, this Company has executed and attested these presents; but this Policy shall not be valid unless countersigned by a duly authorized Agent of the Company. Countersignature Date Countersigned At Authorized Representative NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 4 OF 4 POLICY NO: OP06301110 EFFECTIVE DATE: 01/01/2002 FORM 40502 N 0 0 2 GOVERNMENT CRIME PROTECTION COVERAGE SUMMARY TMeStRiul This Coverage Summary shows the coverages and limits of coverage that apply to your Crime Protection. O 0 0 o• Coverages, Limits Of Coverage, And Deductibles 8 Coverage applies only to those coverages indicated by ® and when a limit of coverage is shown. 2 Limit Of Coverage Deductible Amount Per Occurrence Per Occurrence 1. Employee Theft — Per Loss Coverage $150,000 $N/A 2. Employee Theft — Per Employee Coverage $ o >< 3. Forgery Or Alteration $150,000 $N/A 4. Inside The Premises — Theft Of Money o And Securities $150,000 $N/A ® 5. Inside The Premises — Robbery Or Safe Burglary Of Other Property $150,000 $N/A N X 6. Outside The Premises $150,000 $N/A 0 7. Computer Fraud $ $ 8. Money Orders And Counterfeit Paper Currency $ $ Employee Benefit Plan(s) included as named insureds: nal Men MEER DEMME lgmlm Named Endorsement Table Important Note: Only endorsements that must have certain information shown for them to mEllo apply are named in this table. The required information follows the name of each such MEM endorsement. Other endorsements may apply. If so, they're listed on the Policy Forms List. MONNE MEM EMMEE Crime Protection Self-Insured Retention Endorsement: SIMME Blanket Employee Dishonesty Protection Retention --- $150,000. Robbery & Safe Burglary Protection Retention --- $150,000. SOMME Forgery & Alteration Protection Retention --- $150,000. Money and Securities Protection Retention --- $150,000. OEM EMMEN Mir MENNE Name of Insured Policy Number GP06301110 Effective Date 01/01/02 COLORADO CO. CASUALTY & PROPERTY POOL Processing Date 04/04/02 13:09 003 C0025 Ed. 3-00 Printed in U.S.A. Coverage Summary ©St.Paul Fire and Marine Insurance Co.2000 All Rights Reserved Page 1 of The Stf9uI Page intentionally left blank. C0025 Ed. 3-00 Printed in U.S.A. Page 2 of ®St.Paul Fire and Marine insurance Co.2000 Ail Rights Reserved mesfibul CRIME PROTECTION SELF-INSURED RETENTION ENDORSEMENT This endorsement changes the following protection agreements and endorsements: Blanket Employee Dishonesty Protection Important note: This endorsement Robbery And Safe Burglary Protection adds a self-insured retention that is Forgery Or Alteration Protection included in the limits of coverage. Money And Securities Protection How Coverage Is Changed There are two changes which are explained below. 1. The following replaces the Deductible section in each of the agreements shown above. This change limits coverage. Self-Insured Retention The self-insured retentions shown below and the information contained in this section fix the amount of loss or loss adjustment expenses for which you'll be responsible. Blanket Employee Dishonesty Self-Insured Retention: $ 150,000. Robbery And Safe Burglary Self-Insured Retention: $ 150,000 Forgery or Alteration Self-Insured Retention: $ 150,000. Money And Securities Self-Insured Retention: $ 150,000. You'll be responsible for these amounts for the combined total of all losses or loss adjustment expenses that results from any one covered event. Loss adjustment expenses means the reasonable fees, costs and expenses that: •are incurred by you; and •result directly from the adjustment of a covered loss. Loss adjustment expenses includes reasonable and necessary expenses incurred to reduce the loss or protect covered property from further damage. But we won't consider any of the following to be loss adjustment expenses: NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 2 POLICY NO: GP06301110 EFFECTIVE DATE: 01/01/2002 4O502 Ed. 1-80 Customized Form ©St. Paul Fire and Marine Insurance Co. 198O .Fees, costs, or expenses for appraisals. .Expenses and salaries or wages of you or any of your employees or staff, including any attorneys employed or hired by you. .Fees and expenses of independent adjusters hired by you. .Expenses for claim handling services provided by others under a written contract or agreement with you. .Fees, costs, or expenses incurred by you as the result of appeals, arbitration or alternative dispute resolution proceedings. 2. The following is added to the Limits of Coverage section in each of the agreements shown above. This change limits coverage. The limits of coverage include amounts for loss and loss adjustment expense paid under the self-insured retention. Other Terms All other terms of your policy remain the same. NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 2 OF 2 POLICY NO: GPo630111C EFFECTIVE DATE: 01/01/2002 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 GOVERNMENT CRIME PROTECTION - DISCOVERY FORM The MIS We've designed this agreement to protect ^ against a variety of losses. Of course there are some limitations which are explained later in this agreement. Table of Contents Page Employee canceled under prior insurance. 5 Trading. 5 What This Agreement Covers 1 Treasurers or tax collectors. 5 1. Employee Theft - Per Loss Coverage 2 Additional Exclusion For Coverages 1, 2, 2. Employee Theft - Per Employee And 7 5 Coverage 2 Inventory shortages. 6 3. Forgery Or Alteration Coverage 2 Legal expenses. 2 Rules For Loss Adjustment 6 4. Money And Securities Coverage 2 Money. 6 Loss inside your building. 2 Securities. 6 Money and securities containers. 3 Damage to your building. 6 5. Robbery And Safe Burglary Coverage 3 Other property. 6 Loss inside your building. 3 6. Loss Outside Your Building Coverage 3 Deductible 6 7. Computer Fraud Coverage 3 8. Money Orders And Counterfeit Other Rules 7 Currency Coverage 3 Employee benefit plans. 7 Payment. 7 Who We'll Pay 3 Combined fund. 7 „-- Insurance for your benefit. 7 When This Agreement Covers 4 Cancellation. 7 Joint insured. 8 Where We Cover 4 Records. 7 Recovering damages. 7 Other insurance. 8 Limits Of Coverage 4 Other Rules For Employee Theft - Per Loss Coverage And Employee Theft - Per Exclusions — Losses We Won't Cover 4 Employee Coverage 8 Dishonesty. 4 Other Rules For Forgery Or Alteration Governmental action. 4 Coverage 8 Indirect loss. 4 Facsimile signatures. 8 Legal expenses. 4 Records. 8 Nuclear. 5 Other Rules For Robbery And Safe War and similar action. 5 Burglary Coverage 8 Additional Exclusions For Coverages 4, 5, Transporting property by armored car. 8 And 6 5 Property with limited coverage. 8 Accounting errors. 5 Other Rules For Computer Fraud Coverage 8 Exchange. 5 Property with limited coverage. 8 Fire. 5 Money operated machines. 5 Motor vehicles or equipment and What This Agreement Covers accessories. 5 9 Transfer or surrender of property. 5 Vandalism. 5 There are eight coverages available in this Voluntary parting. 5 agreement. The coverages, the limits of Additional Exclusions For Employee Theft coverage, and other applicable terms and - Per Loss Coverage And Employee Theft conditions that apply for the coverage you - Per Employee Coverage 5 have selected are shown in the Coverage Bonded employees. 5 Summary. C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ®St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 1 of 8 TheSti t,' 1. Employee Theft — Per Loss Coverage • in your service and for 30 days after termination of service; We'll pay for loss or damage to money, • whom you compensate directly by salary, securities or other property resulting directly wages or commissions; from theft by one or more of your • whom you have the right to direct and employees. This can be money, securities control while performing services for you; or other property you own or that you're or holding, whether or not you're liable for its • employed by an employment contractor loss. while that person is subject to your direction and control and performing 2. Employee Theft — Per Employee Coverage services for you. But this won't include any such person while having care and We'll pay for loss or damage to money, custody of property outside the premises. securities, or other property resulting from theft committed by each employee. This We won't consider any of the following to can be money, securities or other property be an employee: you own or that you're holding, whether or • Agent, broker, factor, commissioner not you're liable for its loss. merchant, consignee, independent contractor or representative of the same This protection applies only when there is general character; or evidence that the employee meant to cause • Director or trustee, except while you a loss. The evidence must also show that the employee intended that he or she or performing acts or duties within the scope another person or organization would get of the usual duties of an employee. some unearned financial benefit. — 3. Forgery Or Alteration Coverage Financial benefit doesn't include salaries, commissions, fees, bonuses, promotions, We'll pay for loss resulting directly from awards, profit sharing, pensions or other forgery or alteration of a check, draft, employee benefits earned in the normal promissory note, bill of exchange or similar course of employment. promise of payment that are: • made or drawn by you; Money means: • drawn upon you; • currency, coins and bank notes in current • made or drawn by someone acting as your use and having a face value; and agent; or • travelers checks, registered checks and • claimed to have been so made or drawn. money orders held for sale to the public. Securities mean negotiable and Legal expenses. You may refuse to pay a nonnegotiable instruments or contracts check, draft, or similar order for payment representing either money or other property because it may have been forged or altered. and includes: If this happens and someone sues you for • Tokens, tickets, revenue and other stamps payment, we'll pay for any reasonable legal in current use, whether represented by expenses if we've given our written consent actual stamps or unused value in a meter; to the defense of the suit. The amount we'll pay for such legal expenses will be in and addition to the limit of coverage that • Evidences of debt issued in connection applies. with credit or charge cards not issued by you. 4. Money And Securities Coverage Securities does not include money. Loss inside your building. We'll pay for loss of money and securities inside your building Other property means any tangible property or inside a bank that results directly from a of value other than money and securities. covered cause of loss. Employee means any individual: Your building means that portion of any building you occupy in conducting your business. C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ©St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 2 of 8 TheStRiul Bank means the interior of that portion of 6. Loss Outside Your Building Coverage any building occupied by a banking institution or similar safe depository. We'll pay for loss of money and securities Covered causes of loss are: outside your building: • while in the care and custody of a • theft; messenger or an armored motor vehicle • disappearance; and company; and • destruction. • that results directly from a covered cause Theft means any act of stealing. of loss. Messenger means you, any of your partners Money and securities containers. We'll pay for loss of and damage to a locked safe, vault, or any employee. It does not include cash register, cash box or cash drawer courier services. inside your building that results directly from actual or attempted theft of or 7. Computer Fraud Coverage unlawful entry into such containers. We'll pay for loss of or damage to money, 5. Robbery And Safe Burglary Coverage securities and other property that: • you own, hold or are legally responsible Loss inside your building. We'll pay for loss for; and of or damage to property while in your care • results directly from computer fraud. and custody or in the care and custody of any of your partners or employees: Computer fraud means using a computer to • while inside your building; and fraudulently transfer money, securities or • that results directly from actual or other property from inside your building or attempted robbery. a bank to: • a person, other than a messenger, outside We'll also pay for loss of or damage to your building or a bank; or property inside your building in a safe or • a place outside your building or a bank. vault that results directly from actual or attempted safe burglary. 8. Money Orders And Counterfeit Currency But we won't cover property in the care and Coverage custody of any person acting as a security We'll cover your loss or damage as a result guard or janitor. of your acceptance of a post office or express money order in good faith in Robbery means the taking of property from exchange for merchandise, money or the care and custody of an individual by one services. You're also covered if you accept who has: counterfeit U.S. or Canadian paper currency • caused or threatened to cause that in good faith during a normal business individual bodily harm; or transaction. • committed an obviously unlawful act witnessed by that individual. Who We'll Pay Security guard means any person you employ to have care and custody of More than one party may be jointly insured property inside your building and who has under this agreement. If so, the first party no other duties. named on the Introduction page of this policy will act for all other insured parties. Safe burglary means the unlawful taking of: Any payment that we make to that first named party for a loss releases us from • property from within a locked safe or any obligation we have for that loss. If the vault by a person unlawfully entering the first party is no longer covered by this safe or vault as evidenced by marks of agreement, the second party named on the forcible entry; or Introduction page will take the first party's • a safe or vault from inside the building. place. C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ®St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 3 of 8 The Stttul If you agree, we can settle any claim for for loss in any one event. These limits of loss of property with the owner. Any coverage apply regardless of how many property we pay for will become ours. protected persons, property owners, covered items or financial interest are involved. When This Agreement Covers Protected persons are people and organizations protected under this agreement. We'll pay for covered losses you sustain from events occurring while this agreement The limits of coverage can't be accumulated is in effect. from year to year, no matter how long this agreement is in effect or how many You will have up to 60 days after this premiums you pay. agreement ends to discover the loss. If the loss involves any employee benefit plan, Exclusions — Losses We Won't Cover you will have up to one year after this agreement ends to discover the loss. But both of these extensions are subject to the The following exclusions apply for all of the following conditions: coverages you have selected. • The claim must be based on a loss that occurred before this agreement ends; Dishonesty. We won't cover loss resulting • The claim must be reported to us during from any dishonest or criminal act this discovery period; and committed by you, any of your officials, employees, or authorized representatives: • This extended period to discover loss • acting alone or with other persons; or terminates immediately on the effective date of any replacement insurance whether • while performing services for you or or not such other insurance provides otherwise. coverage for loss sustained prior to its effective date. However, this exclusion doesn't apply to employee theft coverage. Where We Cover Governmental action. We won't cover loss that results from the seizure or destruction We'll cover acts committed or events that of property by order of governmental happen in the United States of America, its authority. territories and possessions, Puerto Rico or Canada. Indirect loss. We won't cover loss that is an indirect result of any act or event covered If you have selected Employee Theft by this agreement, including, but not limited Coverage, you're also covered for acts to loss resulting from: committed while employees are elsewhere • Your inability to realize income that you for a period of not more than 90 days. For would have realized if there had been no example, a three week business trip to loss of, or loss from damage to covered Europe. property; If you have selected Forgery Or Alteration • Payment of damages of any type for Coverage or Computer Fraud Coverage, we'll which you are legally liable. But this cover loss for these coverages, that happens exclusion won't apply to compensatory damages arising directly from a loss anywhere in the world. covered under this agreement; or Event means an act or series of related acts • Payment of costs, fees or other expenses which may involve one or more persons. you incur in establishing either the existence or the amount of loss under this agreement. Limits Of Coverage Legal expenses. We won't cover expenses The limits of coverage shown in the related to any legal action. Coverage Summary are the most we'll pay C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ©St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved _ Page 4 of 8 TheStRtuI However, this exclusion doesn't apply to But this exclusion won't apply to loss while forgery or alteration coverage. outside your building in the care and custody of a messenger if you: Nuclear. We won't cover loss that results • had no knowledge of any threat at the from nuclear reaction, nuclear radiation or time the conveyance began; or radioactive contamination, or any related act • had knowledge of a threat at the time the or incident. • conveyance began, but the loss was not War and similar action. We won't cover loss related to the threat. that results from war, whether or not Vandalism. We won't cover loss from declared, warlike action, insurrection, rebellion or revolution, or any related act or damage to your building, its exterior or to incident. containers of covered property by vandalism or malicious mischief. Additional Exclusions For Coverages 4, 5, voluntary parting. We won't cover loss when And 6 you or anyone acting on your behalf is The following exclusions also apply to: induced by a dishonest act to give up title pP Y or possession of covered property. For • Money And Securities Coverage; example: • Robbery And Safe Burglary Coverage; and Someone impersonating a messenger tricks • Loss Outside Your Building Coverage. you to entrust him with your daily deposits. The deposits are never made. We won't Accounting errors. We won't cover any loss cover this loss. resulting from accounting and mathematical errors or omissions. Additional Exclusions For Employee Theft — Per Loss Coverage And Employee Theft — Per Exchange. We won't cover loss that results from giving money or securities in any Employee Coverage exchange or purchase. The following exclusions also apply to Employee Theft - Per Loss Coverage And Fire. We won't cover loss that results from Employee Theft - Per Employee Coverage. fire. But this exclusion won't apply to: • loss from damage to a safe or vault; or Bonded employees. We won't cover loss • loss of money and securities caused caused by any employee required by law to directly by fire. be individually bonded. Money operated machines. We won't cover Employee canceled under prior insurance. We any loss of money in a money operated won't cover loss caused by any employee device inside your building unless the for whom similar prior insurance has been amount deposited is continuously recorded canceled and not reinstated since the last by an instrument in the machine. such cancellation. Motor vehicles or equipment and accessories. Trading. We won't cover loss that results We won't cover loss or damage to motor directly or indirectly from trading, whether vehicles, trailers, semi-trailers or equipment in your name or in a genuine or fictitious and accessories attached to them. account. Transfer or surrender of property. We won't Treasurers or tax collectors. We won't cover cover loss of property after it has been any loss caused by any treasurer or tax transferred or surrendered to a person or collector by whatever name known. place outside your building: • on the basis of unauthorized instructions; Additional Exclusion For Coverages 1, 2, And 7 or The following exclusion also applies to: • as a result of a threat to do bodily harm to any person or damage to any property. • Employee Theft Per Loss Coverage; C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ®St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 5 of 8 TMeStPbul • Employee Theft - Per Employee Coverage; But we won't pay more than the limit of and coverage. • Computer Fraud Coverage. Damage to your building. We'll pay for loss from damage to your building or a locked Inventory shortages. We won't cover loss or safe or vault inside your building that that part of any loss for which proof of results directly from: existence or amount is dependent on: • robbery; • an inventory computation; or • safe burglary; or • a profit and loss computation. • actual or attempted theft of money and securities. For example: But this only applies if you are the owner You suspect an employee of stealing your of the building or property or are merchandise but do not have proof. After responsible for damage to it. completing an inventory of your store you Other property. For loss of or damage to discover an inventory shortage of $10,000. other property or damage to your building, However, inventory shortages can happen we'll pay the cost of repairing or replacing for reasons other than employee's theft the damaged property without deduction for such as shoplifting, mismarking, or poor depreciation. But we won't pay more than recordkeeping. Because of this we won't the smallest of the following: cover the loss when the proof of loss is • the amount you actually spend repairing based on inventory or profit and loss the damage; computation. • the amount it would cost to replace the — However, if the employee admitted to damaged property at the time of the loss with that of a similar kind and quality; or stealing $5,000 worth of merchandise, _ we'll pay that amount less the deductible. • the limit of coverage that applies to the property. Rules For Loss Adjustment We will not pay on a replacement cost basis for any loss or damage: Money. Money losses will be determined by • until the lost or damaged property is its face value. actually repaired or replaced; and • unless the repairs or replacement are made We may choose to pay for loss in the as soon as reasonably possible after the money of the country in which the loss loss. occurred at face value in the money issued by that country. If the lost or damaged property is not repaired or replaced, we will pay on an Securities. Securities loss will be determined actual cash value basis. by their value at the close of business on the day the loss was discovered. We may, Deductible at our option: • Pay the value of such securities or replace them in kind, in which event you must The deductible is shown in the Coverage assign to us all your rights, title and Summary. You'll be responsible, up to the interest in and to securities; or deductible, for covered loss in any one event. We'll then pay covered claims over • Pay the cost of any lost securities bond the deductible, up to the limits of coverage required in connection with issuing _ that applies. If more than one deductible duplicates of the securities. But we'll applies to a loss, the highest deductible only pay the cost of a bond with an amount will be applied. amount of coverage that doesn't exceed the value of the securities at the close of business on the day the loss was If you have selected Forgery Or Alteration discovered; or the limit of coverage under Coverage, the deductible doesn't apply to this agreement, whichever is less. legal expenses. C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ®St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 6 of 8 meStFbul Other Rules employee will end immediately even if the act was committed before he or she was Employee benefit plans. We'll cover your employed by you. employee benefit plans against loss of or damage to money, securities, and other We can also end coverage on any employee property resulting directly from employee for any other reason by mailing or theft. delivering notice to you at least 30 days before the cancellation. Employee benefit plans means any welfare or pension benefit plan shown in the Mailing of this notice to the address shown Coverage Summary that is subject to the on the Introduction page will be proof you Employee Retirement Income Security Act were notified of the cancellation, which will off 1974 (ERISAI. become effective at 12:01 a.m., standard time, on the date give in our notice. We'll consider any individual who is: Joint insured. If any Insured, partner, • a trustee, officer, employee, administrator, member, officer or official of that Insured or manager of any employee welfare or has knowledge of any information relevant pension benefit plan covered under this to this insurance, that knowledge is agreement; and considered knowledge to every Insured. In • your director or trustee while that person addition, an employee of any Insured is is handling funds or other property of any considered to be an employee of every plan covered under this agreement; Insured. to be an employee. If this insurance or any of its coverages is canceled or terminated as to any Insured, — But we won't consider an administrator or loss sustained by that Insured is covered manager of any welfare or pension plan only if discovered by you during the period covered under this agreement that is an of time provided in the When This independent contractor to be an employee. Agreement Covers section. However, this Payment. Any payment we make to the extended period to discover loss terminates insured first named in the Introduction for as to that Insured immediately upon the covered loss by any plan will be held by effective date of any other insurance you for the use and benefit of the plan to obtained by that Insured replacing in whole which the loss occurred. or in part the insurance afforded hereunder, whether or not such other insurance provides Combined fund. No deductible applies to a coverage for loss sustained prior to its loss that happens to any plan subject to effective date. ERISA covered under this agreement. Records. You must keep records of all covered property so we can verify the Insurance for your benefit This insurance is amount of any loss. for your benefit only. It provides no rights or benefits to any other person or organization and is limited to: Recovering damages. The following paragraphs replace the Recovering Damages From A • property that you own or hold; or Third Party section of the General Rules, but • property for which you are legally only for this insuring agreement. responsible. You may be able to recover all or part of Cancellation. The following is added to the your loss from someone other than us. Cancellation section of the General Rules. Because of this, you must do all you can to preserve any rights of recovery you may have. If we make a payment for your loss Employees. Coverage on any employee under this agreement is cancelled as soon under this agreement, your right of recovery as you or any partner or officer in your will belong to us. ^ business who is not working with the employee in committing the fraudulent or Any recoveries, less the cost of obtaining dishonest act, learns that the employee has them, made after settlement of loss covered committed such an act. Coverage on the by this agreement will be distributed: C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. @St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 7 of 8 TMeStF9u1 • to you until you are reimbursed for any • outside your building; and loss you sustain that exceeds the limit of • in the care and custody of an armored coverage and the deductible amount, if motor vehicle company. any; • then to us, until we are reimbursed for the But we'll only pay for the amount of loss settlement made; that you can't recover: • then to you, until you are reimbursed for • under your contract with the armored that part of the loss equal to the motor vehicle company; and deductible amount if any. • from any insurance carried by or on behalf But, this doesn't include recovery: of the armored motor vehicle company. • from insurance, suretyship, reinsurance, security or indemnity taken for our Property with limited coverage. We'll only pay benefit; or up to $5,000 in any one event for all loss • of original securities after duplicates of or damage to precious metals, precious or them have been issued. semi-precious stones, pearls or furs. This includes articles made of or containing such Other insurance. Other insurance may be materials that make up the principle value of available to pay for a claim covered by this the article. agreement. If you have other insurance, we'll pay the amount of your loss that's left Other Rules For Computer Fraud Coverage after your other insurance has been used up. However, we won't pay more than the limit Property with limited coverage. We'll only pay of coverage under this agreement. up to $5,000 in any one event for all loss or damage to manuscripts, drawings, or _ Other Rules For Employee Theft — Per Loss records of any kind. This includes the cost Coverage And Employee Theft — Per Employee of reconstructing them or reproducing any Coverage information contained in them. We'll indemnify any of your officials who are required by law to give individual bonds for the faithful performance of their duties against loss through theft committed by employees who serve under them, subject to the applicable limit of insurance. Other Rules For Forgery Or Alteration Coverage Facsimile signatures. We'll treat mechanically reproduced facsimile signatures the same as handwritten signatures. Records. You must keep all checks, drafts, promissory notes, or similar written promises or directions and records of such items. If this isn't possible, we'll need an affidavit setting forth the amount and cause of loss. This will allow us to verify the amount of any loss. Other Rules For Robbery And Safe Burglary Coverage Transporting property by armored car. We'll pay for loss of or damage to property that results directly from actual or attempted robbery while; C0022 Ed. 3-00 Printed in U.S.A. Insuring Agreement Includes copyrighted material of Insurance Services Office, Inc. ©St.Paul Fire and Marine Insurance Co. 2000 All Rights Reserved Page 8 of 8 Hello